[HISTORY: Adopted by the Village Board of the Village of
Bear Creek at time of adoption of Code (see Ch. 1, General Provisions,
Art. II). Amendments noted where applicable.]
The provisions of this chapter shall apply to all buildings
or portions thereof used, or designed or intended to be used, for
human habitation.
Certain words or terms in this chapter are defined for the purpose
hereof as follows:
Approved by the Building Inspector appointed to enforce the
provisions of this chapter.
A portion of a building located partly or wholly underground
and having 1/2 or more of its clear floor-to-ceiling height below
the average grade of the adjoining ground.
Any building or structure, or part thereof, which is used
or intended to be used for living or sleeping.
A room or group of rooms or part thereof located within a
dwelling and forming a single habitable unit with facilities which
are used or intended to be used for living, sleeping and cooking.
The control or elimination of insects, rodents or other pests
by eliminating their harborage places; by removing or making inaccessible
materials that may serve as their food; by poisoning, spraying, fumigating
or trapping; by blocking their access to a dwelling; or by any other
recognized and legal pest elimination methods approved by the Building
Inspector.
That story of a dwelling at or next above the average grade
of adjoining ground.
The animal and/or vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
A room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers or communicating corridors, closets and storage spaces. (See also § 201-6 of this chapter regarding requirements for floor space.)
A portion of a building located partly underground but having
less than 1/2 of its clear floor-to-ceiling height below the average
grade of the adjoining ground.
The presence, within or around a dwelling, or in or near
waste disposal containers, of any insects, rodents or other pests.
The use of a room or rooms for combined living, sleeping
and dining purposes by individuals or groups of persons having part
of a dwelling such as stairs or halls in common, but living independently
of each other and doing their cooking upon the premises, whether in
the same or in other units, as distinguished from a dwelling unit
or apartment having normal kitchen and toilet facilities.
The room or rooms occupied for light housekeeping purposes
by one individual or group of persons living independently of other
such individuals or groups.
Any dwelling containing more than two dwelling units.
Any person living, sleeping, cooking or eating in or having
possession or use of a dwelling unit.
Any legally responsible person who has charge, care or control
of a building or part thereof in which dwelling units are leased or
let.
Any legally responsible person who, alone or jointly or severally
with others:
Has legal title to any dwelling with or without actual possession
thereof; or
Has charge, care or control of any dwelling as owner or agent
of the owner, or as personal representative, trustee or guardian of
the estate of the owner. Any such person thus representing the owner
shall be bound to comply with the provisions of this chapter to the
same extent as if he were the owner.
Water pipes, mechanical garbage disposal units, waste pipes,
water closets, sinks, installed dishwashers and clothes washing machines,
lavatories, bathtubs, shower baths, catch basins, drains, vents and
other similar supplied fixtures, including all connections to water
or sewer lines.
Includes any part of a dwelling or building and its land.
Any dwelling, or that part of any dwelling, containing one
or more rooming units in which space is let by the owner or operator.
Any room or group of rooms forming a single habitable unit
used or intended to be used for living and sleeping, but not for cooking
or eating purposes.
Combustible or noncombustible waste materials except garbage,
and the term shall include the residue from the burning of wood, coal,
coke and other combustible material, paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, leaves,
tin cans, metals, mineral matter, glass, crockery or dust.
Paid for, arranged, furnished or provided by or under control
of the owner or operator.
No person shall occupy or let to another for occupancy any dwelling
for the purpose of living, sleeping, cooking or eating therein which
does not comply with the requirements of this chapter.
A.
Sink, flush water closet, lavatory basin and bathtub or shower in
dwellings.
(1)
Every dwelling unit shall contain:
(a)
A kitchen sink in good working condition, properly connected
to an approved water and sewer system.
(b)
A room or rooms affording privacy and equipped with a flush
water closet, lavatory basin and bathtub or shower in good working
condition, properly connected to an approved water and sewer system.
(2)
No water closet shall be of the flush hopper, frostproof hopper,
privy or similar type where a sewer system is available to the property,
and where no sewer is available, such facilities shall be used only
when approved by the Building Inspector.
B.
Access to bathrooms and water closets. Access to each bathroom or
water closet compartment shall be provided without requiring passage
through a sleeping room, bathroom or water closet compartment of another
dwelling unit.
C.
Floors and ventilation of bathrooms and water closets.
(1)
Every water closet compartment and bathroom shall be floored with
a surface which is reasonably impervious to water and which can be
easily kept in a clean and sanitary condition.
(2)
Every bathroom and water closet compartment shall be provided with windows meeting the requirements for light and ventilation of habitable rooms prescribed in § 201-5 below or with an approved mechanical or gravity ventilation system affording adequate ventilation and maintained in good working condition at all times.
D.
Piped hot and cold running water.
(1)
Every kitchen sink, lavatory basin and bathtub or shower required
under this chapter shall be connected and supplied with hot and cold
running water.
(2)
Every dwelling shall have supplied water heating facilities which
are properly installed and connected to water lines maintained in
safe and good working condition and of a sufficient capacity to supply
an adequate amount of water at every required kitchen sink, lavatory
basin, bathtub or shower at a temperature of not less than 120°
F.
A.
Window area and ventilation.
(1)
Every habitable room shall have at least one window or skylight facing
directly to the outdoors. The minimum total window area in every sleeping
room shall be 8% of the floor area of such room, but not less than
12 square feet. Whenever walls or other portions of structures face
a window of any such room and such light obstruction structures are
located less than three feet from the window and extend a level above
that of the ceiling of the room, such a window shall not be deemed
to face directly to the outdoors and shall not be included as contributing
to the required minimum total window area. Whenever the only window
in a room is a skylight-type window in the top of such room, the total
window area of such skylight shall equal at least 15% of the total
floor area.
(2)
Every habitable room shall have at least one window which can easily
be opened or such other device as will adequately ventilate the room.
The total openable window area in every habitable room shall equal
at least 45% of the minimum window area required by this section except
where there is supplied some other device affording adequate ventilation
and approved by the Building Inspector.
B.
Screening.
(1)
When flies or other pests are prevalent, all openable windows, as required by Subsection A above, shall be effectively screened and screen doors shall be self-closing. Screens and screen doors shall be maintained in good condition.
(2)
Every basement window used for ventilation and every other opening
to a building which might provide an entry for rodents shall be supplied
with a screen or such other device as will effectively prevent their
entrance.
C.
Electrical outlets. Every habitable room shall contain at least one
floor- or wall-type electric convenience outlet and one ceiling electric
lighting fixture or two electric convenience outlets, and every water
closet compartment, bathroom or hall, furnace room or laundry room
shall contain at least one wall- or ceiling-type electric light fixture.
Every electrical outlet and fixture shall be properly installed and
maintained in good and safe working condition and connected to an
approved source of electric power in a safe, approved manner.
D.
Public hall lighting. Every public hall and stairway in every multiple
dwelling shall be lighted to at least five footcandles on the floor
and stair at all times.
E.
Heating facilities. Every dwelling shall have heating facilities
which are properly installed and vented, are maintained in safe operating
condition, and are capable of heating all habitable rooms, bathrooms
and water compartments in each dwelling unit therein to a temperature
of at least 65° F. at a distance of three feet above floor level
when the outside temperature is minus 20° F.
A.
Floor space.
(1)
Every dwelling unit shall contain at least 150 square feet of floor
space for the first occupant thereof and at least 100 additional square
feet of floor space for every additional occupant in addition to the
floor area included in water closet compartments, bathrooms, halls
or passageways.
(2)
Every room occupied for sleeping purposes shall contain at least
70 square feet of floor space for one occupant or 50 square feet of
floor space for each occupant if more than one.
B.
Access to sleeping rooms. No dwelling unit shall be so located or
arranged that access thereto requires passage through a habitable
room of another dwelling unit.
C.
Ceiling height of habitable rooms. At least 1/2 of the floor area
of every habitable room shall have a ceiling height of not less than
seven feet of unfinished ceiling height. The floor area of any part
of a room where the ceiling height is less than five feet shall not
be considered as part of the required floor area.
D.
Basement or half-basement occupancy. No basement space may be used
as a habitable room or dwelling unit, except as hereinafter provided.
(1)
In one- and two-family dwellings, kitchens and dinning rooms may
be located in a basement area having its floor level not more than
three feet six inches below the outside finish grade.
(2)
A basement space may be used as a living or sleeping room or dwelling
unit provided its floor level is not more than three feet six inches
below the outside finish grade at any point and the ceiling of which
space shall not be less than four feet above the outside finish grade
at any point.
(3)
Family rooms may be located in basements or half-basements provided adequate ventilation is provided. In a one- or two-family residence, any basement or half-basement space may be used as a sleeping room by members of the immediate family of a resident owner, but only on condition that the floors and walls are made impervious to the leakage of underground and surface runoff water, the space is insulated against dampness, and the space to be so used complies with all the requirements of this chapter for habitable rooms. Access to the habitable room can be gained to the unit without passage through a furnace room. (See also § 201-5 above regarding requirements for light, ventilating and heating.)
A.
Structural soundness.
(1)
Members. Every foundation, door, outer wall, ceiling and roof shall
be capable of affording privacy and shall be kept in good repair.
(2)
Openings. Every window, exterior door and basement hatchway or stairway
shall be weathertight, watertight and rodent-proof and shall be kept
in good working condition and repair.
(3)
Stairs and porches. Every inside and outside stair and handrail and
every porch and porch rail shall be so constructed as to safely support
the maximum load that normal use may require and shall be kept in
safe condition and good repair at all times. The Building Inspector
may require a handrail for each stair if deemed necessary.
(4)
Handrails. Every stairway of more than three risers must have a handrail
of height corresponding to the Department of Safety and Professional
Services requirements and be safely enclosed to handrail height.
B.
Mechanical soundness of plumbing. All plumbing shall be properly
installed and maintained in sanitary condition free from defects,
leaks and obstructions.
C.
Exits. Every dwelling unit shall have a safe, unobstructed means
of egress leading to safe and open space at ground level, as required
by the Wisconsin Statutes and the provisions of this chapter.
D.
Effectiveness. Every supplied facility, piece of equipment or utility
which is required under this chapter shall be so constructed or installed
that it will function safely and effectively and shall be maintained
in satisfactory working condition.
A.
Owner or owner-occupant responsibility. Every owner or owner-occupant
shall be responsible for the cleanliness of all parts of a dwelling
and premises shared in common by more than one family and for provision
of the following utilities and services, except where such responsibility
is assumed by an operator or an occupant by agreement, as follows:
(1)
Provisions for garbage and rubbish disposal facilities or containers
where the dwelling exceeds two units.
(2)
Extermination of insects, rodents or other pests except that where
only one dwelling unit is infested, the occupant of such infested
unit shall be responsible for its extermination, unless the dwelling
is not maintained in a reasonably rat-proof or insect-proof condition.
(3)
Provision of all other facilities, utilities, service or conditions
required by this chapter.
B.
Occupant responsibility. Every occupant of a dwelling unit shall be responsible for keeping the occupied area and premises and all plumbing equipment and facilities in a clean, safe and sanitary condition at all times. Garbage and rubbish shall be disposed of or stored in proper containers in a neat and sanitary manner unless disposed of or stored by the owner or owner-occupant as provided in Subsection A above.
No owner, operator or occupant shall cause any service, facility,
equipment or utility to be removed from or shut off from or discontinued
in any occupied dwelling unit let or occupied by him, except for such
temporary emergencies when discontinuance of service is approved by
the Director of Public Works. Upon the discontinuance of gas or electric
service for cause by a public utility company or upon discontinuance
of any municipal or other service for cause, the Building Inspector
shall be notified and shall thereupon take immediate steps to have
the responsible person correct conditions leading to such discontinuance
of services. This section shall not be construed to prevent the cessation
or discontinuance of any such service upon order of the Building Inspector
or any other authorized officials.
A.
Dangerous dwellings enumerated. All dwellings or parts thereof which
have any of the following defects shall be deemed dangerous and shall
be condemned as unfit for human habitation:
(1)
Those whose interior or exterior bearing walls or other vertical
structural members list, lean or buckle to such an extent as to weaken
the structural support they provide.
(2)
Those which, excluding the foundation, show 33% or more of damage
or deterioration of the supporting member or members, or 50% or more
of damage or deterioration of the nonsupporting enclosing or outside
walls or covering.
(3)
Those which have improperly distributed loads upon the floors or
roofs or in which the same are overloaded, or which have insufficient
strength to be reasonably safe for the purpose used.
(4)
Those which have been damaged by fire, wind or other causes so as
to no longer provide shelter from the elements and which have become
dangerous to life, safety, morals or the general health and welfare
of the occupants or the people of the Village.
(5)
Those which have become or are so dilapidated, decayed, unsafe, insanitary
or vermin-infested or obsolete that they are likely to cause sickness
or disease or injury to the health, morals, safety or general welfare
of those living therein or of the people at large.
(6)
Those which lack light, air and sanitation facilities as required
by this chapter to protect the health, morals, safety or general welfare
of persons living therein.
(7)
Those which lack the facilities required by this chapter for egress
in case of fire or panic or those which have insufficient stairways,
elevators, fire escapes or other means of ingress and egress required
herein.
(8)
Those which have parts thereof which are so attached that they may
fall and injure occupants or the public or other property.
A.
The Building Inspector shall make inspections to determine the condition
of dwellings, dwelling units and premises located within the Village
in order to safeguard the health and safety of the occupants of such
dwellings and of the general public. For this purpose and upon showing
proper identification, the Building Inspector may enter, examine and
survey at any reasonable hour all dwellings, dwelling units and premises,
and the owner, occupant or the person in charge thereof shall give
the Building Inspector free access thereto for the purpose of such
inspection.
B.
Every occupant of a dwelling shall give the owner thereof or his
agent or employee access to any part of such dwelling or its premises
at any reasonable hour for the purpose of making any repairs or alterations
which are necessary to effect compliance with the provisions of this
chapter or any lawful order issued pursuant thereto.
C.
No officer, agent or employee of the Village shall be personally
liable for any damage that may accrue to persons or property as a
result of any act required or permitted in the discharge of his duties
under this chapter. Any suit brought against any officer, agent or
employee of the Village as a result of the proper discharge of his
duties under this chapter shall be defended by the Village Attorney
until final determination of the proceedings therein.
A.
Notices of violation.
(1)
Whenever the Building Inspector determines that there has been a
violation of any provision of this chapter, he shall give notice of
such violation to the person or persons responsible therefor and order
compliance with this chapter as hereinafter provided.
(a)
Such notice and order shall be in writing on an appropriate form
and shall include the following:
(b)
Such notice and order shall be served upon the owner, occupant or
agent in person; provided, however, that the notice and order shall
be deemed to be properly served if such owner, occupant or agent is
sent a copy thereof by registered mail to his last-known address and
a copy is posted in a conspicuous place in or on the dwelling affected.
(2)
Whenever the Building Inspector determines that a dwelling is a dangerous dwelling, as defined in § 201-10 above, he shall:
(a)
Affix upon the door or entrance to such dwelling a printed placard
declaring that such dwelling is unfit for human habitation and is
ordered vacated. No person shall deface or remove such placard from
any dwelling which has been condemned as unfit for human habitation
and placarded as such. The Building Inspector shall remove the placard
whenever the defect or defects upon which the condemnation and placarding
were based have been eliminated.
B.
Hearings.
(1)
Any person affected by a notice and order issued in connection with
the enforcement of this chapter may request and shall be granted a
hearing on the matter before the Village Board, provided that such
person shall file in the office of the Building Inspector a written
petition requesting the hearing and setting forth his name, address,
telephone number and a brief statement of the grounds for the hearing
or for the mitigation of the order. Such petition shall be filed 30
days after the date the notice and order are served. Upon receipt
of the petition, the Building Inspector shall set a time and place
for hearing before the Village Board and shall give the petitioner
written notice thereof. Said hearing shall be held within 30 days
after a petition has been filed, and the petitioner shall be given
an opportunity to be heard and to show cause why the notice and order
should be modified or withdrawn. The failure of the petitioner or
his representative to appear and to state his case at such hearing
shall have the same effect as if no petition were filed.
(2)
After the hearing, the Village Board, by a majority vote, shall sustain,
modify or withdraw the notice, depending on its findings as to whether
the provisions of this chapter have been complied with, and the petitioner
and the Building Inspector shall be notified within 10 days, in writing,
of such findings.
(3)
The proceedings of the hearing, including the findings and decision
of the Village Board and the reasons therefor, shall be summarized
in writing and entered as a matter of public record in the office
of the Building Inspector. Such record shall also include a copy of
every notice and order issued in connection with the case.
C.
Orders to vacate.
(1)
Where a notice of violation and order to comply have been served
pursuant to this chapter and, upon reinspection at the end of the
time specified for compliance, and if no petition for a hearing has
been filed, it is found that the violation or violations have not
been remedied, the Building Inspector may order the dwelling, or parts
thereof affected by the continued violations, vacated in accordance
with the following procedure:
(a)
Dwellings shall be vacated within a reasonable time, not to
exceed 60 days.
(b)
Vacated dwellings shall have all outer doors firmly locked and
basement, cellar and first- and second-story windows barred or boarded
to prevent entry.
(c)
Vacated dwellings shall not again be used for human habitation
until written approval is secured from the Building Inspector.
(2)
If a dwelling or part thereof is not vacated within the time specified
in the order to vacate, the Building Inspector shall seek a court
order in a court of competent jurisdiction for the vacation of such
dwelling or part thereof.
D.
Emergency order. Whenever the Building Inspector finds that an emergency exists which requires immediate action to protect the health and safety of the residents or of the public, he may issue an order so stating, and notwithstanding any other provision of this chapter such order shall take effect and shall be complied with immediately. Upon petition to the Village Board, the petitioner shall be afforded a hearing pursuant to Subsection B above.
E.
Vacation and demolition.
(1)
If the owner, occupant or lessee fails to comply with the order of
the Building Inspector or the action of the Village Board after the
hearing, the Building Inspector shall cause such dwelling or part
thereof to be vacated and repaired or demolished as the facts may
warrant and shall, with the assistance of the Village Attorney, cause
the costs of such repair or demolition to be charged against the land
on which the building existed as a municipal lien or to be recovered
in a suit against the owner.
(2)
In cases where it reasonably appears that there is immediate danger to the life or safety of any person unless a dangerous dwelling, as defined herein, is immediately vacated and repaired or demolished, the Building Inspector shall cause its immediate vacation and repair or demolition. The costs of such emergency repair or demolition shall be collected in the same manner as provided in Subsection E(1) above.
For the purpose of this chapter, the Village Board shall:
A.
Adopt rules of procedure not inconsistent with this chapter and keep
a record of all proceedings, including the vote of each member on
each case heard. No member of the Board shall take part in any hearing
or determination in which he had directly or indirectly any personal
or financial interest.
B.
Interpret the intent of this chapter in specific cases where, upon
appeal, it clearly appears that, by reason of special conditions,
undue hardship would result from literal application of any section
of this chapter. Where such undue hardship is clearly demonstrated,
the Board may permit a variance from the applicable section, provided
that the dwelling will vary only a reasonable minimum from the literal
provision of this chapter and will comply generally with the spirit
and intent of the regulations as to sanitation, safety and rehabilitation.
Any person who shall violate any provision of this chapter or any order, rule or regulation made hereunder shall be subject to a penalty as provided in § 1-4 of this Code. In any such action, the fact that a permit was issued shall not constitute a defense, nor shall any error, oversight or dereliction of duty on the part of the Building Inspector constitute a defense.
